Thursday, April 23, 2015

Cypress Creek EMS sues to get restraining order against Wayne Dolcefino over documents it says were released in error under the Public Information Act (updated)

Lawfirm for Cypress Creek EMS goes to court seeking emergency order to undo mistake in release of documents under the Texas Public Information Act (Open Records Act).

4/23/2015 11:53PM UPDATE: The application for temporary restraining order was heard by Judge Tad Halbach, serving as ancillary judge for emergency matters this day, who granted it, with hand-written changes, ordering Dolcefino to retain the package of documents mailed to him (rather than return them to the CCEMS's law firm), not to disclose or disseminated their content, and bring them to the temporary injunction hearing set for May 4, 2015 at 3pm. To make the TRO effective, CCEMS was required to post a $500 bond. 

Cause No. 2015-23275 in Harris County District Court

In its pleading, filed April 23, 2015, CCEMS says that unredacted confidential documents with sensitive information were mailed to Dolcefino in error by its lawfirm on Monday April 20, 2015, and asks the court to immediately prohibit Dolefino from opening the packages, and that he and his company be restrained from reviewing, discussing, copying, transmitting, disseminating, or publishing any information contained in the packages received since April 20. 

It appears that the documents relate to law enforcement activities and the entity's tactical unit ("Advanced Tactical Team"). CCEMS claims the documents sought by Dolcefino are excepted from disclosure and has sought a ruling by the open records division of the Attorney General's office, but sample documents submitted to the AG's office together with the request for a ruling to the effect that CCEMS may withhold the documents were mailed to Dolcefino also, - without redaction of the information claimed to be sensitive and protected.  

 Affidavit in Support of Application for TRO
against Wayne Dolcefino over SWAT records

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